VITHU C AGASKAR Vs. RAMA GAJANAN AGASKAR

JUDGEMENT

(1.) The appellants have challenged the judgment dated 24th January, 1990, in Land Reference No. 75 of 1996 whereby the learned Joint District Judge, Thane has apportioned 50% of compensation in favour of the petitioner and the balance 50% in favour of the respondents.

(2.) The Government had acquired land admeasuring 1 Acre 26 Gunthas and 8 Annas from Survey No. 26/9 of Village Koparkhairane, Thane. By Award dated 9th April, 1973, the Land Acquisition Officer had awarded compensation of Rs.57, 523.70 paise in respect of the said land. Upon receipt of the notice, the original claimant Vithu had appeared before the Land Acquisition Officer and claimed that he was the exclusive tenant/purchaser of the acquired land and hence he was entitled to receive the entire compensation. The respondents had claimed that their father Gajanan was a co-tenant of the acquired land and that they were entitled for 50% of the compensation. In view of the dispute relating to the apportionment of the compensation, the Land Acquisition Officer by letter dated 23rd October, 1986 referred the dispute to the decision of the Court under Section 30 of the Land Acquisition Act, 1894.

(3.) The original claimant Vithu filed his statement of claim wherein he claimed that he was the sole tenant of the acquired land. He claimed that he had purchased the said land in the proceedings under Section 32(G) of the Bombay Tenancy & Agricultural land Act. He further claimed that upon paying the purchase price, Certificate of purchase under Section 32 M was issued in his favour on 20th July, 1966. He has stated that his name was recorded in the survey records after deleting the name of the landlord Fazal Karmali, under Mutation Entry No. 1019 dated 30th August, 1972. The original claimant therefore claimed that being the exclusive owner, he was entitled to receipt the entire compensation.